Nebbia Hearings

The Miami bail bond agents at The Bail Bond Firm are licensed specialists in cases involving Nebbia Hearings. After 44 years in business, we have an established reputation for excellence in working with prosecutors and defense attorneys to successfully post bail. The Bail Bond Firm is dedicated to securing your release from custody while awaiting trial in Miami-Dade County, in other locations throughout Florida, and nationwide.

Bail Bond Basics

When individuals are arrested and charged with a crime, they can wait behind bars for hours. For those who cannot post bail, the time lost in confinement can cause dramatic setbacks at work, with family, and in criminal or deportation proceedings. For this reason, most people work with bail bond agencies to expedite payment and release from custody. The Bail Bond Firm offers comprehensive service in state, federal, and immigration bond hearings, including:

  • 24/7/365 access
  • Free consultation
  • Multilingual agents
  • Credit card payment
  • Notary public service
  • Nebbia Proffer/Hearing
  • Immediate response time
  • Bail by phone, fax, email
  • Flexible financing options
  • Guaranteed confidentiality
  • Nationwide service network

Bail bonds are intended to guarantee that the individual will appear in court at the next scheduled hearing in exchange for being released. Bail bond agents help secure the release, charging a “premium” and “collateral.” The collateral is returned when the case is completed; the agency retains the premium, or service fee. By failing to appear at the next court hearing, the person forfeits the collateral by making the agency pay the full bond amount. The agency keeps the collateral to recover the loss.

State and Federal Bail Bonds

While courts have some discretion in setting bail, the judge generally relies on specific guidelines. The bond amount and service fee will depend on the pending charge and whether the alleged violation is governed by state or federal law. General bond types and fees include:

  • State “court” or “appearance” bonds
    • 99% of all Florida bonds
    • Set by state and county courts
    • Non-negotiable 10% premium bond fee
  • Federal bonds
    • Includes detention of immigrants
    • Fraud, trafficking, drug, or tax crimes
    • 15% to 25% premium bond fee depending on case

Courts in federal, and some state cases, sometimes add a “Nebbia” or bail sufficiency requirement. The purpose of this is to require the accused to prove that the bail money comes from a legitimate source. This is to prevent others from using illegally acquired funds and criminal activity to pay for the defendant’s release from custody.

Nebbia Proffer and Hearing

As part of the Nebbia process, the defendant and/or the family, friends, or co-signors responsible for providing the premium and collateral must show that the payment is not derived from criminal activity. Illegal sources may include profits from fraud, theft, money laundering, or drug sales. Legitimacy of funding may be proven by:

  • Witness testimony
  • Pay stubs, tax returns
  • Property, vehicle deeds
  • Bank account statements
  • Business, financial records

Bail bondsmen are critical to analyzing these assets. They usually prepare the required financial evidence in writing for the defense attorney, who then presents the prosecutor with a “Nebbia Proffer.” The prosecution must agree that the evidence meets all of the requirements to prove the funds’ legitimate source, otherwise the offer of proof will be analyzed by a judge in a Nebbia Hearing before the defendant is released.

Meeting Nebbia Requirements

If you are facing criminal charges or an additional Nebbia requirement, The Bail Bond Firm in Florida can help. We thoroughly prepare Nebbia Proffers and hearing materials documenting the sources used to underwrite bonds, and can help your attorney prepare for Nebbia proceedings. Our office is dedicated to expediting your release and helping you move on with your life. Call (888) 867-9820 for a free consultation with one of our licensed Miami-Dade bail bond agents or contact us online.